Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 280

  (1)   Division   2 does not prohibit a disclosure or use of information or a document if:

  (a)   in a case where the disclosure or use is in connection with the operation of an enforcement agency--the disclosure or use is required or authorised under a warrant; or

  (b)   in any other case--the disclosure or use is required or authorised by or under law.

  (1A)   In applying paragraph   (1)(a) to the National Anti - Corruption Commission, the reference in that paragraph to the operation of an enforcement agency is taken to be a reference to the performance of the functions of the National Anti - Corruption Commissioner (within the meaning of the National Anti - Corruption Commission Act 2022 ).

  (1B)   Subject to subsection   (1C), paragraph   (1)(b) does not apply to a disclosure of information or a document if:

  (a)   the disclosure is required or authorised because of:

  (i)   a subpoena; or

  (ii)   a notice of disclosure; or

  (iii)   an order of a court;

    in connection with a civil proceeding; and

  (b)   the information or document is kept, by a service provider (within the meaning of the Telecommunications (Interception and Access) Act 1979 ), solely for the purpose of complying with Part   5 - 1A of that Act; and

  (c)   the information or document is not used or disclosed by the service provider for any purpose other than one or more of the following purposes:

  (i)   complying with Part   5 - 1A of that Act;

  (ii)   complying with the requirements of warrants under Chapters   2 and 3 of that Act or authorisations under Chapter   4 of that Act;

  (iii)   complying with requests or requirements to make disclosures provided for by sections   284 to 288 of this Act;

  (iv)   providing persons with access to their personal information in accordance with the Privacy Act 1988 ;

  (v)   a purpose prescribed by the regulations;

  (vi)   a purpose incidental to any of the purposes referred to in subparagraphs   (i) to (v).

  (1C)   Subsection   (1B) does not apply:

  (a)   in circumstances of a kind prescribed by the regulations; or

  (b)   to a disclosure to an enforcement agency (within the meaning of the Telecommunications (Interception and Access) Act 1979 ); or

  (c)   to a disclosure that occurs during the implementation phase (within the meaning of that Act).

  (2)   In this section:

"enforcement agency" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .